How Federal Sentencing Guidelines Impact California Cases

How Federal Sentencing Guidelines Impact California Cases

The Federal Sentencing Guidelines have a major influence on the sentences imposed in federal criminal cases in California. The guidelines, created by the United States Sentencing Commission, provide recommended sentencing ranges based on the offense committed and the defendant’s criminal history.

While the guidelines are advisory rather than mandatory after the Supreme Court’s decision in United States v. Booker in 2005, judges are still required to calculate the applicable guidelines range and consider it when determining a defendant’s sentence. The guidelines therefore remain a key factor in federal sentencing in California.

Overview of the Federal Sentencing Guidelines

The Federal Sentencing Guidelines went into effect in 1987 and were legally binding on federal judges until the Booker decision rendered them advisory. The guidelines provide a structured method for determining sentences based on:

• The defendant’s offense level – the seriousness of the crime
• The defendant’s criminal history category

By plugging these factors into the Sentencing Table, the guidelines provide a sentencing range in months. For example, a defendant with an offense level of 20 and a criminal history category of I would face a range of 33-41 months under the guidelines.

Role of the Guidelines in California After Booker

While no longer mandatory, the Federal Sentencing Guidelines still play a central role in federal sentencing in California. As the U.S. Sentencing Commission has found[1], the guidelines exert significant influence on sentences imposed.

Judges must still calculate the applicable guidelines range and consider it, along with other statutory factors, when imposing a sentence. However, judges may impose sentences outside the guidelines at their discretion after considering the factors in 18 U.S.C. § 3553(a).

According to the Commission’s research, sentences falling within the guidelines range accounted for 51.3% of sentences imposed nationwide in fiscal year 2018. This indicates the guidelines remain influential, though not determinative, in federal sentencing.

Impact on Specific Types of Cases

While giving judges more flexibility, the Booker decision has not radically altered the influence of the guidelines across all cases. The Commission found[1] that the guidelines tend to have the greatest impact on sentences for certain types of offenses:

• Drug trafficking – Guidelines range sentences imposed in 81.2% of cases
• Firearms offenses – Guidelines range sentences imposed in 72.9% of cases
• Illegal reentry – Guidelines range sentences imposed in 63.2% of cases

Meanwhile, the guidelines have somewhat less influence on fraud, child pornography, and career offender sentences. But even for these offenses, the guidelines impact a substantial percentage of sentences.

Strategies for Navigating the Guidelines

Given the key role played by the Federal Sentencing Guidelines, strategies for obtaining the most favorable sentence possible typically focus heavily on the guidelines.

Defense attorneys will thoroughly analyze the guidelines calculations and identify any errors or arguments that could result in a lower final offense level. They will also dig deeply into a client’s background and circumstances to build a compelling case for a variance under § 3553(a) factors.

Federal prosecutors also take the guidelines into account when making charging decisions and plea offers. Understanding the likely guidelines range is key for defendants evaluating the risks of going to trial versus accepting a plea deal.

Conclusion

While no longer mandatory, the Federal Sentencing Guidelines remain the starting point for determining sentences in federal cases in California. Judges must consider them, and they frequently dictate sentencing outcomes, particularly for certain common offenses. Defendants and attorneys therefore devote substantial efforts to navigating the guidelines effectively.

Sources

• The Influence of the Guidelines on Federal Sentencing[1]
• Research Methods in Human Development[2]
• the new hire who showed up is not the same person we interviewed — Ask a Manager[3]
• Writing for Sociology Guide Second Edition[4]
• Forget Shorter Showers – Orion Magazine[5]
• National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling[6]